El derecho al trabajo de los grupos de atención prioritaria en el derecho constitucional ecuatoriano

Abstract

This work titration takes place subject to the doctrinaire theoretical requirements regarding the issue ANALYSIS SOCIO LEGAL OF THE DECLARATION OF DISMISSAL INEFFECTIVE AS RIGHT OF WOMEN IN STATE OF PREGNANCY in the form of case study, taking as a substantial reference the Cause No. 07334-2016-00070, which was substantiated in canton Pasaje El Oro province in the Civil Unit based in the same canton indicated above with the following general information: Subject: Work; Process Type: Oral procedure; Actor: DYGY; Defendant: DTGY;. In which the dismissal of which has allegedly been highlighted DYGY.; the analysis is done from the theoretical conception of the Right to Work and dismissal types and the normative foundations on which they operate. The theoretical study was developed in the application of comparative law, which is analyzed to job security and dismissal from the vision of the state as guarantor of the right to work, as well as other fundamental rights that are based on how good live, as well as analysis of the instrumentalization of the Organic Law on Public Service to ensure the right to work and job stability for pregnant women who perform their work in state entities or bodies. Chapter I has described the generalities of the Declaration of Ineffective Dismissal that has been established as the object of study of this work, directing research through the instrumentalization of study problems in addition to the approach of objectives derived from legal conflicts on which the problematic of the theme that is developed unfolds. In Chapter II, through the application of the historical method and the deductive-inductive method, an analysis of the legal institutions on which the theoretical basis of the study is based is presented, in which topics such as: The right to work, dismissal, untimely dismissal, ineffective dismissal, competition, the rights of public servants, as well as regulations related to the protection of priority attention groups, from the perspective of the exercise of constitutionally recognized rights, the legality, and legitimacy of the acts of the organs or entities of the state. Chapter III has been developed through the declaration of the methodological basis applied to the field under study, through the application of the survey technique, the method of content analysis, the case study itself, as well as the deductive-inductive and historical, and in application of the legal logic for the resolution of the case proposed for the study. The discussion of the main problems, and the analysis of the information collected is developed in Chapter IV, which establishes the main results of the investigation, highlighting the lack of state protection for public servants who meet within the groups of priority attention, the erroneous interpretation of the competence that the Civil Judge makes that substance the cause under study.